What types of information can an examiner request about prior art?
What types of information can an examiner request about prior art?
An examiner can request various types of information about prior art, including:
- Copies of patents, publications, or other information products which the applicant has mentioned in the specification but has not submitted
- Names of persons skilled in the art who have made written opinions or have presented oral opinions about the invention
- Information about any use of the claimed invention by the applicant
According to MPEP 704.11, the examiner may also request:
‘Where the applicant has stated that the claimed invention is a departure from the prior art, information about the closest prior art known to the applicant.’
This information helps the examiner conduct a thorough examination and assess the novelty and non-obviousness of the claimed invention.
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